Law, Rights and Regulation for Street Vending in Globalising Ahmedabad

Abstract: This working paper forms part of the research project, Making Space for the Poor: Law, Rights, Regulation and Street-Trade in the 21st Century, awarded to Cardiff University funded by UK-Aid. The paper reports the findings of a legislative review undertaken to identify the main Federal and State laws and regulations affecting street vendors in Ahmedabad, and the conflicts that vendors face. We are grateful for the extensive help given by SEWA (Self Employed Women's Association) during the preparation of the report. Their research has identified 179 'natural markets' in Ahmedabad, considered to be places where a confluence of pedestrian and vehicle movement provides an excellent location to trade. National Constitution Part III of the Constitution of India establishes Fundamental Rights establish non-negotiable, basic principles for the functioning of the Indian State. Part IV includes Directive Principles which promote the welfare of people through social, economic and political justice. The Fundamental Rights were used in a much-cited case brought by pavement dwellers in Mumbai in 1985 to contest their proposed eviction. The judgement concluded that the Fundamental 'right to life' in Art. 21 of Part III of the Constitution included a 'right to a livelihood', but this was outweighed by other powers, and so the evictions were allowed to proceed (Olga Tellis & Ors vs. Bombay Municipal Corporation & Ors, 1985). These form the municipal and police laws that impose restrictions on street vending. In most cases the legislation does not directly prohibit street vending, but imposes restrictions on the use of public urban space for street vending, which make its operation principally illegal.